Patrick “Pat” Miller

Member

Denver, Colorado

Phone: 303.299.8354

Fax: 303.298.0940

pmiller@shermanhoward.com

Education

  • Juris Doctor, high distinction, University of Iowa College of Law, 2000
    • First Vice-Chairperson, Moot Court program
    • Iowa Law Review
  • Bachelor of Science, summa cum laude, Metropolitan State College of Denver, 1997

Pat has nearly two decades of experience assisting companies in developing and implementing workplace safety and health policies and programs, with a particular focus on OSHA- and MSHA-required policies.

Patrick “Pat” Miller is a skilled practitioner, offering sophisticated advice to ensure compliance with federal and state safety regulations. Representing numerous clients, including big-name clients across many industries, Pat is among the most highly regarded Occupational Safety and Health Administration (OSHA) attorneys in Colorado.

Clients rely on Pat as a trusted advisor when catastrophic events or workplace fatalities occur. He is incredibly quick, responsive, and skilled in coordinating accident investigations, including emergency response, crisis communications/public relations, OSHA/Mine Safety and Health Administration (MSHA) investigations, and insurance coverage concerns. Pat brings value-added insight when representing employers in handling these matters.

Pat also defends companies in litigation before the federal Occupational Safety and Health Review Commission, the federal Mine Safety and Health Review Commission, and many state-plan occupational safety and health boards. Throughout his career, Pat has handled dozens of investigations involving workplace safety and health accidents and inspections, and he has represented clients in dozens more cases before the Occupational Safety and Health Review Commission and state-plan adjudicative bodies. Also, Pat has extensive experience representing employers’ claims of retaliation brought under numerous federal statutes and state law.

Experience

  • Advises on employment and safety and health compliance issues; develops and implements employment, safety and health programs, including OSHA- and MSHA-required policies; supervises training and education; and assists with or supervises OSHA and MSHA inspections.
  • Investigates and coordinates catastrophic and fatality accidents, including OSHA/MSHA, emergency response, insurance, and public relations concerns.
  • Defends employers before the federal Occupational Safety and Health Review Commission, the federal Mine Safety and Health Review Commission, and numerous state-plan occupational safety and health boards.
  • Represents employers’ claims of discrimination brought under federal and state law.

 

REPORTED CASES

  • Secretary of Labor v. Cargill Meat Solutions Corp., No. 10-1156 (Occupational Safety and Health Review Commission, 2012) (In case of first impression, citations for non-payment of required footwear vacated).
  • United States of America v. Xcel Energy, Inc. et al., No. 09-cr-00389 (U.S. District Court, 2011) (Assisted criminal defense counsel in successful acquittal of OSHA criminal charges).
  • Secretary of Labor v. Suncor Energy (U.S.A.) Inc., No. 13-0900 (Occupational Safety and Health Review Commission, 2019) (Vacating citation brought under OSHA’s multiemployer citation policy and criticizing the agency’s use of the practice).

Publications & Presentations

PRESS

 

PUBLICATIONS

 

PRESENTATIONS

  • Workplace Safety: COVID-19 Implications
    Sherman & Howard 2020 Labor & Employment Conference | September 17, 2020
  • OSHA Update – Recent Developments in the Law and Emerging Enforcement Trends
    Annual Colorado Construction Seminar | March 2020
  • Legal Update
    OSHA Update | December 2019
  • OSHA Update
    Annual Colorado Labor & Employment Law Conference | May 2019
  • OSHA Update
    Construction Seminar | March 2019
  • OSHA Update
    Annual Colorado Labor & Employment Law Conference | May 2018
  • OSHA Update: Silica Survives Legal Challenge and What to Expect from Trump and Mugno
    Construction Seminar | February 2018
  • Silica Update
    Annual OSHA Seminar | December 2017
  • Walking Working Surfaces
    Annual OSHA Seminar | December 2017
  • Electronic Reporting, Retaliation and Enforcement
    Annual OSHA Seminar | December 2017
  • What’s Off the Table?
    Annual OSHA Seminar | December 2017
  • OSHA Update: What to Expect from the Trump Administration

    • Annual Colorado Springs Construction Law Seminar | October 2017
    • Labor & Employment Law Presentation | September 2017
    • Annual Colorado Labor & Employment Law Conference | May 2017
    • Annual Colorado Construction Law Seminar | February 2017
  • OSHA’s New Recordkeeping and Anti-Retaliation Rules: A Solution in Search of a Problem

    • OSHA Webinar | October 2016
    • Arizona Construction Law Seminar | October 2016
    • Annual OSHA Seminar | September 2016
  • Brewers Guide to OSHA and Retaliation Issues
    Business of Beer | June 2016
  • Whistleblower Update: OSHA Lowers The Bar For Complainants
    Annual Colorado Labor & Employment Law Conference Agenda | May 2016
  • OSHA At The 11th Hour
    Annual Colorado Labor & Employment Law Conference Agenda | May 2016
  • Soon to be Gone but Never Forgotten: OSHA at the Eleventh Hour
    Annual Colorado Construction Law Seminar | February 2016
  • Enforcement Trends
    Annual OSHA Seminar | December 2015
  • OSHA’s New Confined Spaces In Construction Standard – What You Need To Know
    • Annual Construction Seminar | October 2015
    • OSHA Webinar | June 2015
  • Beyond Whistleblowing
    Annual Colorado Labor & Employment Conference | April 2015
  • Retaliation: The Great Equalizer
    Annual Arizona Labor & Employment Seminar | April 2015

Professional Activities

  • American Bar Association
    • Labor and Employment Law Section
    • OSHA Committee
  • Colorado Safety Association
  • American Society of Safety Engineers
  • Board of Trustees, Historic Denver

Highlights

  • Best Lawyers In America, Employment Law – Management, Denver (2020-2021)